Maharashtra Chief Minister Uddhav Thackeray and four other candidates from the ruling alliance filed their nominations at the Vidhan Bhavan on Monday for the May 21 MLC polls.
The CM was accompanied by wife Rashmi, sons Aaditya and Tejas Thackeray and other senior leaders from the Maha Vikas Agadi.
The last day of filing nomination is May 11, scrutiny of nominations will take place on May 12 and the last date of withdrawal of papers is May 14.
Thackeray, who is currently not a member of either of the Houses of the state Legislature, submitted his nomination papers to the election officer.
Uddhav is all set to be elected unopposed as the MLC after Congress on Sunday announced that it would withdraw one of its two nominees for the May 21 elections on the nine seats.
This was in contrast with Saturday’s development when Maharashtra Congress chief Balasaheb Thorat had announced on Twitter that Rajkishore alias Papa Modi will be party’s second candidate besides Rajesh Rathod, a Jalna zilla parishad member whose name was announced from Delhi. Thorat said he was confident that both will win.
The 288-member Maharashtra Assembly forms electoral college for the polls, and a candidate needs 29 votes to win. The Congress has 44 MLAs.
The Shiv Sena and NCP, other two ruling alliance partners, have so far announced two candidates each, while the opposition BJP has announced four candidates.
Thackeray and incumbent deputy Chairperson of the Legislative Council Neelam Gorhe are the nominees of the Sena while Shashikant Shinde and Amol Mitkari are the candidates of the NCP.
Former NCP MP Ranjitsinh Mohite Patil, Gopichand Padalkar, Praveen Datke and Ajit Gopchhade are the nominees of the BJP, which has the highest 105 MLAs. The BJP nominees filed their nominations on May 8.
In conversation with Adv Pratibha Bangera to understand the Transgender Person (Protection of Rights) Act, 2019 and changes that may have to be introduced in school and work place in effect.
Q. What is the reason for lack of awareness among people about Transgender
A. About 355 out of every one lakh people in the world identify as transgender. The medical fraternity had ignored this till recent times due to which there is total lack of awareness in people about this condition. Transgender person feels trapped in a wrong gender and body and mentally feels like the opposite gender. While other members of the LGBT community like gays or lesbians discover this feeling in adolescence stage, transgender feels different from infancy or very young age and often the parents of transgender are unable to understand the reason behind this and chose to crush or silence these feelings. The new legislation is aimed at giving justice for transgender in India.
Q. What are the changes introduced vide TPPR Act in India for transgender?
A. The Transgender Persons (protection of rights act) 2019 is an Act which has come into effect from 10th January, 2020 vide notification in gazette on same date. Vide this Act now, a transgender can apply to Magistrate court for issuance of a certificate of identity as a transgender and even a minor can apply through a parent or a legal guardian. The Gender of the transgender thereafter will be documented for all purpose as per the certificate issued as proof of recognition of his/her identity as a transgender male/ female.
In the event the transgender undergoes sex identity change through surgery, the transgender can make Application before concerned court supported with medical proof of such sex change certified by chief medical officer at municipal authority so that a certificate of identity can be issued to permit him or her to officially make changes of name in birth certificate or other official documents.
Q. What are the welfare measures taken by the government for securing the transgender?
A. The welfare schemes include medical care facility including sex reassignment surgery and hormonal therapy for those who may want to avail the facility, release of health manuals in par with the world profession association for transgender health and review of medical curriculum for research by doctors to address specific health issues.
Another facet of this Act is to introduce comprehensive medical insurance schemes for sex reassignment surgery, hormonal therapy, laser therapy and other health issues of transgender persons which a transgender person may require.
This Act has envisages to spread awareness as per NACO guidelines on HIV cases in transgender victims forced into begging or reduced to prostitution after being thrown out of their families.
Q. Does this Act have criminal consequences as well?
A. Under this Act if any person is found guilty of compelling a transgender to do bonded labour, or restricts freedom of movement to transgender in public places or prevents use of toilets of preferred choice, or forces a transgender to leave his/her house, village or residence, endangers life, safety or health of a transgender, or even subjects a transgender to physical, verbal, sexual, emotional or economic abuse the offender will be punished with imprisonment upto two years along with penalty in addition to other criminal and penal liability as per the offence committed.
Q. How can a transgender prove such abuse?
A. The judiciary will insist on oral or documentary proofs so the police machinery will have to be informed and any police complaint made by a transgender or his parents or guardian before concerned police station will be registered as a complaint and police may conduct investigation as in other criminal offences and if the problem is ongoing in school or workplace or public places, they can conduct a sting operation to nail such activities at place of offence within home or in public places. Most educational institutions or work place will have to display notice or messages to educate students or teachers or colleagues at work place about the criminal consequences if there is a complaint. This law will pick up like other Acts of similar nature such as sexual harassment act once the momentum picks up.
Q. What is the role of the National council constituted under this Act?
A. It is a matter of time where they may be strict checking and sting operations conducted to prevent and rescue transgender from unfair treatment at educational institutions, work place to ensure safety as well as secure equal right to reside, purchase, rent or occupy any property or hold public post or private office or even use public toilet of their preference and choice to secure their safety which is the responsibility given to the National council established under this Act.
Q. What about marriage law or domestic violence or rape issues that a transgender may suffer
A. Transgender man or transgender woman will have same status as persons born male or female at birth. Also all laws that applies to marriage or adoption or domestic violence will apply likewise even in cases of transgender as there is no specific mention of these provisions but the inferred meaning would be that after certification or sex change, a transgender will be treated as per the gender granted by law to the transgender. However, there is no specific section giving recognition of marriage with same gender or for adoption or surrogacy which also will have to be introduced to this as amendment or introduce a separate Act for such decisions sooner or later to give it real effect.
Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of AFTERNOON VOICE and AFTERNOON VOICE does not assume any responsibility or liability for the same.
Happy Mother’s Day to all the sex worker mama’s and mothers’ of sex workers! For all the sex worker moms out there, we know many of you do the work you despise not for yourself, but rather for your kids. You choose the work you do because of the need and compulsions. You choose it to earn bread, which keeps your rent and bills paid and allows you to afford providing basic necessities to your children and thus support for their brighter future and better survival. We all in our spaces somewhat are living with dignity because we are in a better position and our mothers are as well. But there are many mothers who are carrying their children on shoulders to reach home, there are hundreds of migrant workers and mother’s walking aimlessly carrying their children, at times without water, no food, no shelter, no assured safety. Just miles of never-ending walking. Similarly, there are mother beggars and there are mother sex workers and their mother’s, who all are living in miserable conditions due to long lock down. Just merely celebrating “Mother’s Day” will not wipe out tears of these mother’s whose survival is at stake. All these mother’s need help at this moment. Above all those mothers who have no social acceptance and are looked down upon, those mothers who are victim of circumstances and abused by this male chauvinist society, they are unable to knock any doors and have no one to go for help.
As COVID-19 has stalled whole of Mumbai, its businesses and offices and many small-scale industries have taken toll. After demonetization this is second shock to small traders and daily wages workers. Somehow the main stream professions have social acceptance and help, but there are many professions which have no social acceptance but in timeline they are the oldest among all. COVID-19 has distressed the sex industry, forcing workers to mobilize across India to start raising money for short-term financial support. Sex for sale has long been a primary part of the financial capital’s carefree nightlife. But amid concerns over the new coronavirus, even the world’s supposedly oldest profession is suffering a sudden slump. Most of them make their earnings on everyday basis, with about ten in hundred having the ability to save up and feed themselves to tide over such unexpected crisis. Hundreds of sex workers are based at Kamathipura brothel have daily challenges. Many of them are already HIV positive, some have infants and some have grown up children. Feeding all of them is not easy task in such crises. Kamathipura is divided into many lanes and divided according to regional and linguistic backgrounds of the sex workers. Most of the sex workers come from other Indian states. They don’t have any connect in Mumbai or anyone to seek help. There is little interaction between areas, which makes it harder for social organizations to organize them into a movement or union. Further, lack of public opinion, political leadership or social activism and support which is empathetic towards them further adds to the complexity of bringing them together and doing something. Since this lockdown, they have gone jobless like any other citizen residing in Mumbai. Thousands of sex workers are based at the Kamathipura and Pila House brothel and receive an approximately estimated hundreds of customers every day. Sex workers from these brothels have appealed to the government for emergency funding after a ban on customers to prevent the spread of coronavirus.
These sex workers no longer have money to pay for food for themselves or their children due to the sudden closure of the brothel. Right now, they need the government to reach out to them and provide aid urgently. As countries globally began enforcing strict lockdowns to prevent the spread of the coronavirus, India, the world’s second most populous country too followed suit. Prime Minister Narendra Modi announced a 21-day lockdown to contain the virus spread that has now killed approximately 2109 Indians and infected 62,939 citizens, but indirectly without the virus there are more humans suffering and suffocating without daily bread and means to survive. We have exact figure of people getting killed and affected by COVID-19 but we don’t have any figures being maintained on people suffering and giving up their lives due to inhuman conditions and challenges they had to face due to lock down. Survival is challenged and resources are meager. Above all Sex work is considered to be immoral by many of us and that is the reason these people have limited access to other support systems of the world. Though they are living human but they are not treated like one, most of them survive with great difficulty on meager earnings and challenging circumstances on a daily basis. Some mothers who are sex workers, have not been able to send money to their minor children who lives with their family outside the brothel and they fear for their children not being fed properly. Even if the ban or lockdown is lifted next month, people would hesitate to go to the brothel for a long time because of the disease and thereby this community will be suffering for a long time.
Authorities have pulled the plug entirely ordering the temporary closure of all entertainment venues, including brothels. The virus has caused fear and uncertainty among the people. For most people the virus causes only mild or moderate symptoms, such as fever and cough. But for some, especially older adults and those with existing health problems, it can cause more severe illness, including pneumonia. The vast majority of those who are infected recover from the new virus. According to the World Health Organization, people with mild illness recover in about two weeks, while those with more severe illness may take three to six weeks to recover. Along with everyday survival, even health care is a major requirement for the sex workers. It wasn’t clear how the closure of brothels would affect independent sex workers, but they know that nobody is going to compensate them for loss of income. As always, they are left to fend for themselves and sadly on their own.
(Any suggestions, comments or dispute with regards to this article send us on feedback@www.afternoonvoice.com)
Maharashtra Chief Minister Uddhav Thackeray to mark his debut as a legislator, and it will also be interesting to see if there will be a contest for nine seats which are up for grabs. Efforts are on to ensure nominees for the nine vacancies are elected unopposed, a Congress leader said. But, if the situation of a contest arises, all the 288 MLAs, who form the electoral college for the Council polls, will have to come to Mumbai to cast their vote. If the lockdown is extended beyond May 17, it could be difficult for MLAs to travel to Mumbai. The Congress is apparent to contest two seats for the Maharashtra legislative council poll slated for May 21. Congress announced from Delhi the nomination of Rajesh Rathod for the council election, the state leaders, headed by the Maharashtra Pradesh Congress Committee, decided to field Papa Modi, who is the Beed District Congress Committee chief, as the second nominee.
Shiv Sena, with 56 legislators, is set to nominate Thackeray and legislative council deputy chairperson Neelam Gorhe. The Bharatiya Janata Party (BJP) with 105 legislators has already announced four candidates. The Nationalist Congress Party (NCP), with 54 legislators, will contest two seats and has nominated Shashikant Shinde and Amol Mitkari. The Bharatiya Janata Party (BJP) has released the list of four candidates for the Maharashtra Legislative Council (MLC) elections scheduled to be held on May 21. The party has fielded Pravin Datke (Nagpur city BJP chief), Gopichand Padalkar, Ajit Gopchade, and Ranjit Singh Mohite Patil.
The polling will be held on May 21 to fill the 9 vacant seats. These seats fell vacant on April 24 and the elections were withheld due to the coronavirus outbreak. However, the poll panel had last week granted permission for holding elections to the Legislative Council in Maharashtra and stated that necessary guidelines will need to be ensured for safety against COVID-19 during the elections. The ruling Shiv Sena in Maharashtra has finalised candidatures of Chief Minister Uddhav Thackeray and senior leader Neelam Gorhe for the May 21 MLC polls. Gorhe is the sitting deputy chairman of the Legislative Council.
It will be known only on the last day of withdrawal on May 14 whether the nine will get unopposed or voting is needed on May 21.
Senior Shiv Sena leader Sanjay Raut on Sunday said the Maharashtra government should give permission to private vehicles for ferrying migrant labourers to their native places during the lockdown.
Raising concern over migrant workers setting off for their hometowns on foot, Raut said they were falling sick and some have also died.
“The labour class is walking back home; this is not a good picture. Their children are with them. Railways is not ready to operate trains for them. The state government should give permission to private vehicles to ply,” Raut tweeted.
“People are falling ill while walking. Some have died. Even then their walking hasn’t stopped, the Rajya Sabha member further said.
Sixteen migrant workers sleeping on rail tracks while returning to Madhya Pradesh were crushed to death by a goods train in Aurangabad district of Maharashtra in the early hours of Friday.
The labourers, rendered jobless due to the coronavirus-enforced lockdown, had set off for their homes on foot along the rail tracks apparently to escape police attention.
On March 28, four migrant labourers were crushed to death when a speeding tempo ran over them on Mumbai-Ahmedabad Highway in Maharashtra’s Palghar district.
Hundreds of migrant workers and their families from Karnataka staged an in definite hunger strike, demanding to know when they will be sent back to their state. They are presently be located in temporary arranges made in Vashi’s Cidco Exhibition Centre from the past 45 days. They were told to vacate the shelter as it was to be converted into a Covid Care Centre. Amid of lock down it is very difficult to move from one place to another, without having any resources to sustain. They are asking state government to send them back homes and staged an impromptu hunger strike demanding to know when they will be sent back home. Nearly 30 workers from UP are also worried as to when they will be taken to their state. However, this smaller group of workers did not participate in the hunger strike with Karnataka migrants.
One of the migrants told Afternoon voice “We have refused to eat our meal today, if the government officials do not give us a proper reply as to when they will take us back to our villages in Karnataka.”
Another migrant Karnesh told Afternoon Voice “In a hope of returning home we were staying here, now some of the government officials have communicated to us stating we will be shifted out of the Cidco Exhibition Centre and taken somewhere to Mankhurd, since they are making a Covid-19 hospital here. This is very biased, because we were hoping that the government will take us in buses or trains to Karnataka”. He and his wife working at a construction site in Mulund. But after lockdown they were brought here by police.
InfoTech magnate and managing director of an internet broadband, Bhupesh Gupta, supplying food to these migrant workers at the Cidco Exhibition Centre. These hundreds of migrants are provided with food every day at this Vashi makeshift shelter, of which a majority are from Karnataka. They are naturally worried about their uncertain future as this site will soon be converted into a hospital; while they still do not know when or how they will go back home.
Navi Mumbai Municipal Corporation, A B Misal, told Afternoon Voice “Making Covid Care Centre at the Cidco Exhibition Centre is already planned, but at the same time we have requested the local police to take these migrant workers to their respective native place, and this is the due process.” I am not aware of the development that they would be shifted to Mankhurd”.
The medical equipment that is to be used for making a Covid Care Centre has already been placed in Vashi’s Cidco Exhibition Centre.
I will also request the Maharashtra chief minister to pay some heed to their plight as they have been kept at Vashi since the start of the lock-down “These poor migrants were kept at the Vashi shelter with the promise that they will soon be taken to their states. However, as the lock-down has got extended twice, the workers are feeling betrayed”, Activist Anarjit Chauhan stated.
Maharashtra Higher Education Minister Uday Samant on Friday announced that all university students in the state except final year students will be promoted to the next level. “Only final year students will sit for exams between July 1 and 30, unless coronavirus COVID-19 lockdown is extended further,” Minister for Higher and Technical Education Uday Samant said.
Earlier on Thursday, Samant had said in a tweet that a final decision on the status of university examinations will be announced on Friday.
The Minister gave this statement almost a month after forming an expert committee including vice-chancellors of state universities, directors of state Common Entrance Test (CET) cell and Directorate of Technical Education (DTE) as well as other experts, to come up with a concrete plan for the current and next academic year.
Samant made the announcement after consultation with Chief Minister Uddhav Thackeray and the governor of the state.
The University Grants Commission (UGC) recently released guidelines regarding the pending examinations and admission process for the new academic year. Looking at the nation-wide scenario, the guidelines suggested universities to plan for online coaching and improve the existing infrastructure thereby ensuring that the classes are not missed.
Further, it gave directions for MPhil and Ph.D. students too. The report on the UGC website mentioned that the admission process for the new academic year can be held in August 2020, and the classes for students moving to second and third year can begin from August 1, 2020.
Classes for the first-year students (fresh batch) can commence from September 1, 2020. However, the authorities stated that these dates were just a suggestion, and the state government can take decisions based on the current scenario of coronavirus outbreak.
The lockdown is extended in Maharashtra for fourth time because COVID-19 cases are on rise in Mumbai. Mumbai’s population density has reached extreme levels and this is a likely environment for the virus to spread. Mumbai is an oldest city, port and one of the historic economic centers of India. A lot of infrastructure in Mumbai is old and barely keeps up with the nearly 25 million population. Renovated roads, bridges and buildings from the British era are still in use. There are many factors that contribute to Mumbai being the Corona capital of India. There are multiple clusters in Mumbai housing, thousands of people living is miserable conditions, many of them are overcrowded in single room, shanties cheek by jowl with single toilet serving about fifty shanties. Such living conditions force people to be close to each other as there is no other choice and undoubtedly spread coronavirus. Social fabric of Mumbai is quite complex when compared to other cities of India. Under circumstances like these, solution defies conventional approach. Secondly a large population has its own different social strata and large mass to carry with. Any change in this situation will face many ups and downs. It’s like changing movement direction of a large voluminous weight. Mumbai has a very high percentage of homes and offices which are air-conditioned and in multi-story apartments where use of a lift is almost compulsory. Both these parameters viz air-conditioning and lift usage are hunting grounds for spreading coronavirus. Another major contributor is the hospitals which again share these characteristics further contributing to the high incidence of coronavirus in Mumbai.
Mumbai has been milked like a cow for several decades by a small upper class that comprises of less than 5% of the city. Some of them are the richest people on the planet, but over 40% of the city’s population lives in stuffed and unhygienic slums. This ridiculous disparity forces many poorer people to crowd together in small living spaces. It does not have to be said that these people do not have access to any good quality healthcare. Meanwhile, as the migrants came on the road in thousands of numbers, basic tests are yet not done. Meanwhile the liquor shops opening was another curse. Crowd gathering is just impossible in slums and chawls and also on the streets, 60 percent of Mumbai was on street and side gullies during lockdown, so how one can assure the control on rising cases? Even hospitals are not safe, first of all they don’t give easy admissions to patients, second thing is that even if they give admission in hospital, they will not guarantee hygiene or favourable conditions. In Mumbai’s Sion hospital patients lie next to corpses. On one bed quarantined dead bodies are kept and other bed the COVID-19 patient is admitted, now how one can imagine balance?
Mumbai’s civic body, the BMC, is one of the richest municipal corporations in Asia, but their corruption and inefficiency is probably worse than the governments of some banana republics. There is no official record of the funds they have misappropriated, but it is easily in the tens of billions of dollars. The city suffers as a result with poor civic planning, poor drainage system and a higher health risk for the population. Once again, an ideal place for a contagious disease to spread. Mumbai is very humid and the extremely high density of population means that a lot of bacteria and other organisms are able to thrive. Only the relatively rich can shield themselves from community infections. The rest of the population is left exposed. Being the financial heart of the country, Mumbai has a lot of people travelling in and out of the country and this further increases the risk of infections. Moreover, the PM sponsored event of stadium launch has really put the city in miserable conditions due to thousands of attendees coming across the world but no one was put through medical examination. The first case of Corona virus detected in Gujarat was in January 2020 and the stadium inauguration event was held in February, in the same Gujarat state. Mumbai is a travel hub and, in a way, it’s an important gateway, people land here and go to nearby areas such as Gujarat, Goa, Rajasthan etc. No other city in India has such a large population living under such extreme conditions, and that’s why the virus is spreading much faster here. The nationwide tally of confirmed COVID-19 cases crossed the 50,000 mark with a large number of healthcare professionals and security personnel testing positive amid the worsening spread of the deadly virus while authorities also flagged high fatality rate in states like Maharashtra, West Bengal and Gujarat. Maharashtra has multiple international gateways; with five international airports at Mumbai, Pune, Shirdi, Aurangabad and Nagpur. Apart from this, the state also has a seaport in Mumbai. The global exposure is more in Maharashtra. With 26,357 persons per square kilometre, the state’s capital Mumbai is the world’s second-most densely populated city. With all these points, it is quite obvious that the pace of infection and spread will be more in Mumbai. Currently 75 districts including the whole of Maharashtra are under lockdown mode. The state govt is taking all the possible precautionary measures to stop the further spread. Five new coronavirus positive cases emerged in Mumbai’s Dharavi, bringing the total number of cases in that area to 13. Authorities today banned all vegetable or fruit markets, hawkers & sellers in containment area/buffer zone in Dharavi. Only pharmacies in the area were allowed to remain open. As the number of cases rise rapidly in the city, authorities made it compulsory to wear face masks in Mumbai when in public areas. Mumbai was the first city in India to implement such a rule. Maharashtra classified containment zones as simple zones (with one case) and cluster containment zones (with 3-5 cases) and creating a buffer zone around these containment zones. Restrictions were implemented in these zones to prevent the virus spread.
The total number of coronavirus cases in the country climbed to 5,734. The death toll increased to 166 and more than 400 cases were confirmed in the last 24 hours. India is currently under a 21-day nationwide lockdown till April 14. The lockdown may be extended considering the coronavirus outbreak in the country. The BMC however has stated that the increased number of cases can be attributed to the higher level of testing. Late detection of the coronavirus positive cases may have led to the spread especially in tightly packed areas, especially in Dharavi, one of the largest slums in Asia. People with other ailments who had come to hospitals and later tested positive for coronavirus could have transmitted it to healthcare workers and other people which in turn has led to a community spread but in spite of the lockdown in Maharashtra people are breaking the laws and stepping outside making containment literally difficult. In such circumstances, even God will ask for extended lockdown and we people need to learn to live with it.
(Any suggestions, comments or dispute with regards to this article send us on feedback@www.afternoonvoice.com)
The National Green Tribunal issued notices to the Centre, LG Polymers India Pvt, Central Pollution Control Board and others on Friday in the Visakhapatnam chemical factory gas leak incident in which 11 people were killed and 1,000 exposed to it.
The NGT also directed LG Polymers India Pvt to submit Rs 50 crore an interim amount for damage to life.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel also formed a five-member Committee comprising Justice B Seshasayana Reddy to probe the incident and submit a report before May 18.
“Having regard to the prima facie material regarding the extent of damage to life, public health and environment, we direct LG Polymers India Pvt Limited to forthwith deposit an initial amount of Rs 50 crore, with the District Magistrate, Vishakhapatnam, which will abide by further orders of this Tribunal. The amount is being fixed having regard to the financial worth of the company and the extent of the damage caused,” the bench said.
The Supreme Court on Friday refused to pass any orders staying the sale of liquor during the lockdown. The top court, however, said that states could consider online delivery of alcohol to check the massive crowds outside liquor shops across the country and maintain social distancing.
The observation came from a three-judge bench headed by Justice Ashok Bhushan on a public interest litigation (PIL) filed by one Guruswamy Nataraj objecting to across the counter sale of liquor.
The petition argued that the government cannot meddle with human life by allowing crowds to gather outside liquor shops.
As the government took first steps to relax the Covid-19 lockdown to revive the economy, hundreds queued up at liquor stores in New Delhi and other cities.
Some stores in parts of Delhi had to be closed due to the large number of people gathered there.
The Delhi government even imposed a special tax of 70 per cent on retail liquor purchases to deter large gatherings but that did not stop people from coming out and heading towards the liquor shops.
It then introduced a token system which people can buy online. The move is aimed at stopping people from coming out and gather outside liquor shops.
The Uttar Pradesh government recently announced an increase in prices of all categories of liquor, including country liquor, to mop up additional revenue of Rs 2,350 crore.
A similar plea has also been filed in the Delhi High Court seeking direction to the Aam Aadmi Party (AAP) government in Delhi to start online sale of liquor to ensure social distancing during the Covid-19 pandemic.
The petitioner sought direction to the Delhi government to evolve a proper policy to start the online sale of liquor and deliver it to the consumers’ homes at a time when the entire machinery of the country is tirelessly working to contain the Covid-19 outbreak.
After the lockdown was extended till May 17, the Ministry of Home Affairs (MHA) issued new guidelines allowing liquor shops to open.